Thompson v. Genesco, Inc.
| Dennis Thompson |
| Genesco, Inc. |
| 4:2023cv00292 |
| March 9, 2023 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 RESPONSE TO COURT ORDER re #30 Order,,,,, [Defendant Genesco, Inc.'s Supplemental Briefing Addressing Article III Standing] by Defendant Genesco, Inc.. (McClellan, Rand) |
| Filing 32 ENTRY of Appearance by Ronald J. Eisenberg for Plaintiff Dennis Thompson. (Eisenberg, Ronald) |
| Filing 31 RESPONSE TO COURT ORDER re #30 Order,,,,, re Article III Standing by Plaintiff Dennis Thompson. (Schultz, Robert) |
Filing 30
ORDER: Before the Court is Defendant Genesco, Inc.'s Motion for Judgment on the Pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. Doc. 22. In supporting and opposing memoranda, both parties have briefed the arguments on the merits of the dispute at hand. However, to resolve the merits of a case, the Court must have jurisdiction. Among the jurisdictional requirements of the federal courts is that plaintiffs have Article III standing to bring their claims. Absent Article III standing, this Court is constitutionally powerless to adjudicate any dispute. And because constitutional standing is a jurisdictional issue, it can be raised by the Court sua sponte at any time during litigation. See Pucket v. Hot Springs Sch. Dist. No. 23-2, 526 F.3d 1151, 1156 (8th Cir. 2008). Accordingly, the Court orders both parties to file, in writing by no later than November 3, 2023, supplemental briefing addressing, in separate sections corresponding to each of the three requirements, whether each requirement of Article III standing has been met in this case. Each brief should be no longer than ten pages, double-spaced. SEE ORDER FOR DETAILS. (Response to Court due by 11/3/2023.) Signed by Chief District Judge Stephen R. Clark on 10/19/2023. (CLT)
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| Filing 29 REPLY to Response to Motion re #22 MOTION for Judgment on the Pleadings [Reply in Support of Defendant Genesco, Inc.'s Motion for Judgment on the Pleadings] filed by Defendant Genesco, Inc.. (McClellan, Rand) Modified text on 8/4/2023 (JAB). |
| Filing 28 REPLY to response re #24 MOTION to Stay [Defendant Genesco, Inc.'s Reply in Support of Motion to Stay Discovery] filed by Defendant Genesco, Inc.. (McClellan, Rand) Modified docket text on 8/2/2023 (LNJ). |
| Filing 27 RESPONSE in Opposition re #24 MOTION to Stay filed by Plaintiff Dennis Thompson. (Schultz, Robert) |
| Filing 26 Docket Text ORDER: The Court grants #25 Defendant Genesco, Inc.'s Unopposed Motion for Extension of Time. (Response to Court due by 8/3/2023.) Signed by Chief District Judge Stephen R. Clark on 7/20/2023. (LNJ) |
| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION for Judgment on the Pleadings [Defendant Genesco, Inc.'s Unopposed Motion for Extension of Time] by Defendant Genesco, Inc.. (Attachments: #1 Text of Proposed Order)(Willison, Paul) |
| Filing 24 MOTION to Stay by Defendant Genesco, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Willison, Paul) |
| Filing 23 RESPONSE in Opposition re #22 MOTION for Judgment on the Pleadings filed by Plaintiff Dennis Thompson. (Attachments: #1 Exhibit Plaintiff's First Set of Interrogatories to Defendant, #2 Exhibit Plaintiff's Requests for Production of Documents to Defendant)(Schultz, Robert) |
| Filing 22 MOTION for Judgment on the Pleadings by Defendant Genesco, Inc.. (McClellan, Rand) |
| Filing 21 Docket Text ORDER: The Court grants #20 MOTION to Withdraw as Attorney for Genesco, Inc. re attorney/firm John B. Lewis. The Court congratulates Mr. Lewis on his impending retirement. Attorney John B. Lewis terminated. Signed by Chief District Judge Stephen R. Clark on 5/26/2023. (CLT) |
| Filing 20 MOTION to Withdraw as Attorney for Genesco, Inc. re attorney/firm John B. Lewis by Defendant Genesco, Inc.. (Lewis, John) |
| Filing 19 ANSWER to #18 Amended Complaint [Answer of Defendant Genesco, Inc. to Plaintiff's First Amended Class-Action Complaint] by Genesco, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Willison, Paul) |
| Filing 18 FIRST AMENDED CLASS-ACTION COMPLAINT against defendant Genesco, Inc. Amendment to #2 Petition (Removal/Transfer), filed by Dennis Thompson. Related document: #2 Petition (Removal/Transfer) filed by Dennis Thompson.(CLT) |
| Filing 17 Docket Text ORDER: The Court grants Plaintiff's #16 MOTION for Leave to File a First Amended Complaint. Signed by Chief District Judge Stephen R. Clark on 5/9/2023. (CLT) |
| Filing 16 MOTION for Leave to File a First Amended Complaint by Plaintiff Dennis Thompson. (Attachments: #1 Attachment Redline Fist Amended Complaint, #2 Attachment Proposed First Amended Complaint)(Schultz, Robert) |
| Filing 15 NOTICE Lead Trial Counsel Designation: by Defendant Genesco, Inc. (McClellan, Rand) |
| Filing 14 CASE MANAGEMENT ORDER: This case is assigned to Track: 2. SEE ORDER FOR DETAILS. (Motion to Join Parties due by 6/1/2023. Discovery Completion due by 1/17/2024. ADR Future Reference 9/18/2023. Dispositive Motions due by 5/10/2024. Jury Trial set for 9/9/2024 09:00 AM in Courtroom 14N - St. Louis before Chief District Judge Stephen R. Clark. Pretrial Conference set for 9/3/2024 01:30 PM in Courtroom 14N - St. Louis before Chief District Judge Stephen R. Clark.) Signed by Chief District Judge Stephen R. Clark on 4/21/23. (JAB) Modified docket text on 4/24/2023 (CLH). |
| Filing 13 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Chief District Judge Stephen R. Clark:Rule 16 Conference held on 4/20/2023. Conference held via Zoom Teleconference. CMO to issue. (proceedings started: 4:40 PM) (proceedings ended: 4:56 PM) (Appearance for Plaintiff: Robert Schultz)(Appearance for Defendant: Rand L. McClellan) (JAB) |
| Filing 12 JOINT SCHEDULING PLAN by Plaintiff Dennis Thompson. and Defendant Genesco. (Schultz, Robert) |
| Filing 11 RULE 16 ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a scheduling conference is set for April 20, 2023 at 4:30 p.m. CT by Zoom. No later than April 10, 2023, counsel shall file with the Clerk of the Court a joint proposed scheduling plan. This case is assigned to Track: 1. SEE ORDER FOR DETAILS. (Joint Scheduling Plan due by 4/10/2023. Rule 16 Conference set for 4/20/2023 04:30 PM in Zoom Video Conference before Chief District Judge Stephen R. Clark.) Signed by Chief District Judge Stephen R. Clark on 3/27/2023. (CLT) |
| Filing 10 ANSWER to Complaint by Genesco, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Willison, Paul) |
| Filing 9 Docket Text ORDER: The Court grants #7 #8 Motions for Leave to Appear Pro Hac Vice. Signed by Chief District Judge Stephen R. Clark on 3/10/2023. (CLT) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Rand L. McClellan. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9831339) by Defendant Genesco, Inc.. (Attachments: #1 Certificate of Good Standing)(McClellan, Rand) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice willison, paul. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9831259) by Defendant Genesco, Inc.. (Attachments: #1 Certificate of Good Standing Attachment)(Willison, Paul) |
| Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Genesco, Inc. Sent To: Plaintiff (Lewis, John) |
| Filing 5 DISCLOSURE STATEMENT by Defendant Genesco, Inc.. No corporate parents or affiliates identified. (Lewis, John) |
| Filing 4 ENTRY of Appearance by Robert Schultz for Plaintiff Dennis Thompson. (Schultz, Robert) |
| Filing 3 NOTICE of Filing Deficiency. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Proof of Service on All Adverse Parties (the Notice of Filing Notice of Removal to Plaintiff) not filed and Disclosure Statement filed Incorrectly. This deficiency must be filed in the case record immediately. (JDC) |
| Filing 2 Petition (Removal/Transfer) Received From: Circuit Court of St. Louis County, filed by Dennis Thompson. (Attachments: #1 Exhibit State Court Docket)(JDC) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court for St. Louis County, case number 23SL-CC00537, with receipt number AMOEDC-9828335, in the amount of $402 Non-Jury Demand,, filed by Genesco, Inc.. (Attachments: #1 Exhibit 1 Complaint Filed In Circuit Court for St. Louis County, #2 Exhibit 2 Docket Sheets from Circuit Court of St. Louis County, #3 Civil Cover Sheet Civil Cover Sheet, #4 Original Filing Form Original Filing Form, #5 Exhibit Disclosure Statement)(Lewis, John) |
| Case Opening Notification. Judge Assigned: Chief U.S. District Judge Stephen R. Clark. (JDC) |
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| Plaintiff: Dennis Thompson | |
| Represented By: | Robert Schultz |
| Represented By: | Ronald J. Eisenberg |
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| Defendant: Genesco, Inc. | |
| Represented By: | John B. Lewis |
| Represented By: | Paul Mathias Min Willison |
| Represented By: | Rand L. McClellan |
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